Joinbee v Craven

[2006] QDC 340

[2006] QDC 340

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE McLAUCHLAN QC

Appeal No 122 of 2006

FARREN OSWALD JOINBEE	Appellant
and
AO CONST M M CRAVEN	Respondent
CAIRNS ..DATE 14/08/2006
JUDGMENT

14082006 T5/RGC M/T CNS1/2006 (McLauchlan DCJ)

HIS HONOUR: The appellant had been convicted of two breaches	1
of a domestic violence order, one on the 10th of May 2000 and one on the 28th of June 2000 the breaches having occurred in January 2000 and December 1999.

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The domestic violence order contained the two mandatory conditions that he be of good behaviour and not assault or strike the complainant. The complainant is the appellant's de facto partner and nothing has really occurred between them attracting the attention of the authorities for some six

20

years.

At the time they were engaged in a drinking session and there was an argument surrounding the intention of the appellant to go for a drive and the complainant's attempt to stop that by

30

taking the keys from him.

He apparently became angry, threw several punches at her head some of which are said to have made contact, caused her to fall backwards over a bookcase which broke as she fell to the

40

ground.

He then stood over her and apparently continued to throw further punches to her head some of which made contact. She got to her feet and was again struck by him.

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At some point she defended herself with a broom I think as a
result of which he suffered a couple of minor cuts to his
head.
14082006 T5/RGC M/T CNS1/2006 (McLauchlan DCJ) 2 JUDGMENT 60

1

It was to his credit that he entered a very early plea of guilty so that he indicated considerable remorse. It is significant that he had never before been sentenced to imprisonment. He just said that he was very intoxicated at

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the time but that hardly excuses his conduct.

He has health problems. The two of them have a young child.
He has spent some time in custody I think for now a period of

16 days. The sentence was three months' imprisonment

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suspended after serving one month and suspended for two years.

In my opinion it has not been shown that the sentence is manifestly excessive and the appeal is refused.

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50

3 JUDGMENT 60